[2023] KEHC 23734 (KLR)
The court found that the applicant was first arraigned on October 23, 2013, and sentenced on October 10, 2014, having spent one year in custody. There was no evidence that the applicant was released on bond during this period. In accordance with section 333(2) of the Criminal Procedure Code, the court held that the...
Source-derived case information.
- Citation
- [2023] KEHC 23734 (KLR)
- Parties
- Applicant: Nehemiah Kiplangat Ngeno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E024 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Review Under Section 333(2) of the Criminal Procedure Code
- Outcome
- Application allowed in part; one year deducted from sentence.
- Judges
- JK Sergon
- Legal Topics
- Sentencing Review, Pre Sentence Custody, Sexual Offences, Defilement, Application of Section 333 2 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nehemiah Kiplangat Ngeno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Review Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the period spent in pre-sentence custody should be considered and deducted from the applicant's sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the applicant was ever released on bond prior to sentencing.
Ratio Decidendi
The court found that the applicant was first arraigned on October 23, 2013, and sentenced on October 10, 2014, having spent one year in custody. There was no evidence that the applicant was released on bond during this period. In accordance with section 333(2) of the Criminal Procedure Code, the court held that the one-year period spent in custody must be deducted from the 20-year sentence. The court therefore ordered that the sentence be reduced by one year, and the remaining 19-year sentence to run from the date of sentence, October 10, 2014.
Court Disposition
Application allowed in part; one year deducted from sentence.
Orders
- The one-year period spent in custody prior to sentencing shall be deducted from the applicant's 20-year sentence.
- The sentence of 19 years shall run from October 10, 2014.
Full Case Text
Judgment text and source record
22 paragraphs
Ngeno v Republic (Miscellaneous Criminal Application E024 of 2022) [2023] KEHC 23734 (KLR) (17 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23734 (KLR)
Republic of Kenya
In the High Court at Kericho
Miscellaneous Criminal Application E024 of 2022
JK Sergon, J
October 17, 2023
Between
Nehemiah Kiplangat Ngeno
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was sentenced to 20 years imprisonment for the offence of Defilement Contrary to Section 8(1) as read with Section 8(4) of Sexual Offences Act No 3 of 2006.
2. The Applicant has made an application under section 333(2) of the Criminal Procedure Code for inclusion of the period he was in custody prior to his sentence of 20 years imprisonment.
3. The prosecution urged the court to peruse the original file since review applications are for petty offences but the applicant committed a serious offence.
4. Upon perusing both the Original Record and the typed proceedings contained in the lower court file SO Case No 55 of 2023 it is evident that the applicant was granted a bond of Kshs 100,000/= with one surety on October 23rd October, 2013 but there is no indication from the record that he was ever released on bond.
5. The applicant was first arraigned in Court on October 23, 2013 and he was sentenced on October 10, 2014 after a period of 1 year
6. I direct that the 1 year period be deducted from the jail term of 20 years.
7. The sentence of 19 years will start to run from the date of sentence i e on October 10, 2014.
DATED, SIGNED AND DELIVERED THIS 17TH DAY OF OCTOBER, 2023. ……………J.K. SERGONJUDGEIn the presence of:Prosecutor – Mr. MusyokiApplicant – Present in Person